Migrant candidates from outside the Union Territory cannot claim reservation benefits under OBC category in Puducherry, as reservations are confined to local residents.

ORDER

(Pronounced by Hon'ble Mr. M. Swaminathan, Judicial Member)

The applicant has filed the OA seeking the following relief:

“To direct the UPSC to recommend the applicant as per the Reserve List issued by the 1^st respondent for the post of Assistant Professor in French under OBC quota and offer of appointment to be issued to the applicant based on the reserve list under OBC vacancy in the place of Bhawna who has been given offer of appointment under OBC quota. She is a native of New Delhi other than Puducherry. The impugned order by th 1^st respondent vide order No.1/235(35)/2015.R.III, dated 29.03.2018 has to be quashed.”

2. The facts leading to the filing of the OA are as follows:

The applicant belongs to the OBC category and is a native/resident of the Union Territory of Puducherry. She holds a Master’s Degree in French and completed her M.Phil. in French in 2011. She also qualified the National Eligibility Test (NET) for Lectureship in French in 2013. Pursuant to a requisition from the Government of Puducherry, Department of Higher and Technical Education, the UPSC issued a notification in February 2016 for the recruitment of seven Assistant Professor (French) posts. Of these, four were under the Unreserved category, two were reserved for OBC, and one for SC. The applicant submitted her online application on 01.03.2016, meeting all eligibility criteria as per the Recruitment Rules of the Government of Puducherry and the UPSC advertisement. She appeared for the interview and was confident of her selection. However, to her shock, she was placed in the Reserve List below the 4th respondent, while the Select List for the French discipline was published on 01.03.2017. The 4th respondent was appointed under the OBC category. According to the applicant, the 4th respondent, being a native of New Delhi and belonging to the OBC category, should have been considered only under the General (Unreserved) category and not against an OBC-reserved vacancy. The applicant contends that the selection of the 4th respondent is in violation of reservation norms and Article 141 of the Constitution. Aggrieved by her non-selection, she has filed the present Original Application seeking appropriate relief.

3. Learned counel for the applicant submitted that Advertisement No. 3/2016 was issued for the recruitment of Assistant Professors (French) in Government Arts and Science Colleges in the Union Territory of Puducherry, with two posts reserved for OBC candidates. Pursuant to the selection process, both the fourth respondent and the applicant were placed on the reserve list at Serial Nos. 2 and 3, respectively. He submitted that a candidate originally selected under the OBC category did not join, and as a result, the reserve list was operated. Accordingly, the fourth respondent was accommodated, having secured a higher score than the applicant and being recognized as an OBC candidate.

4. He further submitted that the applicant is a native of Puducherry and belongs to the OBC category, as per the notified list of OBCs issued by the Government of Puducherry from time to time. The post of Assistant Professor is a Group ‘A’ position, which, according to the relevant Recruitment Rules, is to be filled through a recruitment process conducted by the first respondent. This post does not carry an All India Transfer Liability and is not a position connected with the affairs of the Central Government.

5. Learned counsel for the applicant submitted that a person who is recognized as a Member of SC/SC in his original State wi